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Home My WebLink About4.0 Resolution 83-348Recorded a4 NOV 29 1383 � ', '-,(�, o'clock � �) . X11; Reception No. 347758 MILDRED ALSDORE, RECORDER STATE OF COLORADO )ss County of Garfield ) At a req lar • Commissioners for Garfield, Glenwood Springs on . Monday Box 639 1' GE 1A meeting of the Board of County. olorado, held at the Commissioners' , the 28th day of November 19 83 , there were present: E_aene "Jim" Dririlchouse Tarry Velasquez Flaven J. Cerise Earl Rhodes Mildred Alsdorf , Commissioner Chairman Commissioner Commissioner , County Attorney Clerk of the Board Annex in. A.D.. when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 83-348 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR WILLIAM ROBINSON. WHEREAS, William Robinson has petitioned the Board.of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terns "subdivision" and "subdivided land" under. C.R.S. 1973, 30 -28 -101(10)(a) -(d), as. amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21(d) and 3.02.01 for the division of a 40 acre. tract as recorded in the'Office of the Clem and Recorder of Garfield County, Colo::ado into 3 tracts..of. approximately 28, 5 and 5 acres each, more or less, which proposed divided tract is more particularly described as follows: TRACT A: Beginning at the Center of Section 19 T6S, R93[•1; thence 5.00°12'16"E to the Northeast. Corner of the "Subdivision", thence N 88°55'06"W along the North Line of said "Subdivision" a distance�of 687.99' to the Northeast Corner of Parcel "A", the T_ue..Point of Beginning; thence S 00°10'42"E a distance of 340.00; thence S 89°49'18" W a distance of 628.00 to the West Line of the "Subdivision", thence North 00°09'08" West along said West Line a distance of 353.81' to the North Line of the "Subdivision"; thence. S 88°55'06"E along said North Line a distance of 627.98' to the True Point of Beginning; contains 5.00 acres, • more of less. TRACT B: Beginning at the Center of Section 19 T6S, R93W; thence S 00°12'16" E as distance of 77.01' to the Northeast Comer of the "Robinson Subdivision" as shown herein, the True Point of Beginning; thence S 00°12'16" E along the East Line of said "Subdivision" a distance of 340.00'; thence S 89°49'18" W a distance of 627.99; thence N 00°10'42"W a distance of 353.81' to the North Line of said "Subdivision"; thence S 88°55'06"E along said Line a distance of 627.99' to the True Point of Beginning, containing 5.00 acres, more or less.: TRACT C: The remainder is found in a parcel of land situated in the Northeast One-quarter of the Southwest One-quarter (NE 1/4 SW 1/4) of Section 19, Township six South (T6S), Range ninety three West (R93W) of the Sixth Principal Meridian (6th P.M.) all in Garfield County, Colorado, except that portion conveyed to Garfield County for Public Road purposes bye Deed recorded in Boo;; 568, Page 310, Reception Number 27829; and being more particularly described as follows; 639 r 615 Beginning at. :the Center of said Section 19;'.thence S 00°12'16T'E :a;distance'> of 77.01 `feet to the True .Point of.` Beginning; thence`- S 00° 12 `;16" ::E along the <East` Line. of said NE 1/4 SW 1/4. a distanceof. 1,244 14 feet,.::then.ce S:89°47'51"Walong the South Line -of said NE1/4 SW 1/4a distance of 1,316.80 feet; thence N 00°09.',08"W ` along the West Line o:f said NE l/4 SW - 1/4 a distance of: 1,273.64. fet; thence S 88°35:'06"E along the apparent south right-of-way line 'of . County Road Number. 321 a -distance:; of 1,315.`-97 feet to: the".True Point of Beginning; and containing 38..04 acres, more;or less; have by these pr.esents'laid.out,;platted:and subdivided the same into: parcel as shown herein and designate the same as ROBINSON SUBDIVISION,. in the County of Garfield, State. of Colorado; and dedicates:for ;public use ; the Count, .Road shown hereon ;including the':ditch' and utility -easement.s shown:hereon for`irrigat.ion and ;utility. purposes only (in the .State of Colorado.::. and.the. County of Garfield)-; and WHEREAS, the Petitioner has demonstrated t:o'the.satisfaction of the .Board.of County Commissioners of Garfield County, Colorado, that ;the proposed division does not Tali within.•the purposes:_ of Part 1, Article 28,:' `Title 30, Colorado Revised Statutes .1973, ;as amended,'for the reason that the:impact created does not warrant furtherreview,`and WHEREAS,,.the Petitioner hats demonstrated to` the satisfaction 'of he Board. of; County Commissioners of Garfield County, Colorado, that :there is., a reasonable probability of locating domestic water<._on each ofsaid tracts, and that , ther:e , is. adequate; ingress and `egress to; said tracts,; that the location of septic tanks wi.11.:be permitted.: by the Colorado Department of Health, ' that .the requested -division is 'not part of -an existing or larger -development and does not, fah within ;the _ general purposes and intent of the 'subdivision -regu=lations ,of the State of Colorado, and the County :of Garfield, and should, therefore, be f empted from the definition of the .terms `'".subdivision and . "subdivided land" =as set forth in C.R.S.. 1973, 30-28-101 (10) (a) -(d), as amended; NOW,:, THEREFORE, BE IT RESOLVED that the division: of the:`abov.e described tracts .-"A"-;.."B"- and "C" from the above described 40 .acre tract, is hereby exempted from such definitions and, said tract inay be divided into tracts "A",` "B" and "C" all as is more fully described' above, and said dividedtract may be conveyed in' the form of such smaller tracts: without further compliance with the aforesaid subdivision statutes and regulations; provided, however,. thatthe exemption is granted"on .the condition -andwith the .express understanding and agreement of the Petitioner that no further exemttions be 'allowed on -said tracts "A", "B", and -"C", and that a copy of the instrument. -or instruments of conveyance when recorded shall be filed with this -Resolution Dated this 28th day of _1Ioyr _ __' A.D. 1981 • ATTEST: GARFIELD COUNTY BO GARFIELD COUNTY, C•LO '`DO Clerk : of .the Board man OMMISSIONERS. BOOK 639 racE6 Upon motion. duly made and seconded the foregoing: Resolution` was':. adopted by the following vote: Eugene "Jim" Drinkhouse Larry Velasquez Flaven J. Cerise Aye:: STATE OF COLORADO ) County of Garfield I , County .Clerk and ex -officio C of the Board of CountyCommiss,.ion.ers i,n and: for the` County and' •State aforesaid do hereby certify that " the annexed and forego,i�ng Order As.,, `aruly,` copied from the Records-of;"the Proceedings of the• Board of County Commissioners for said Garfield, County, now;. in my office. IN WITNESS WHEREOF, I have,' hereunto set`; my .hand•. and affixed`:the of said County, at Glenwood Springs, this 19 --- :i. :.. County: -.Clerk and of the Boardex=o.f:ficio..:C1'e;r of.County Coipinisso ne rs :